Kerala High Court
K.K.Hameed vs The Kerala Khadi And Village Industries on 20 May, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
WP(C) NO. 17808 OF 2011
PETITIONER:
K.K.HAMEED
KANNAMKULANGARA HOUSE, AYAMKULAM.P.O.,, THAVANUR-
679594, MALAPPURAM.
BY ADVS.
SRI.JACOB SEBASTIAN
SMT.PREETHY R. NAIR
RESPONDENTS:
1 THE KERALA KHADI AND VILLAGE INDUSTRIES
BOARD, THIRUVANANTHAPURAM REP. BY ITS SECRETARY.
2 THE DIRECTOR KHADI AND VILLAGE
INDUSTRIES, THIRUVANANTHAPURAM.
3 THE DEPUTY THAHSILDAR REVENUE
RECOVERY), PONNANI, MALAPPURAM DISTRICT.
BY ADVS.
SRI.R.S.HARI KUMAR ,SC,KERALA KHADI AND VILLAGE
INDUSTRIES B
GOVERNMENT PLEADER
SRI.K.P.HARISHSCKERALA KHADI BOARD
SRI.R.S.HARI KUMAR SCKERALA KHADI AND VILLAGE
INDUSTRIES B
OTHER PRESENT:
SRI. VENUGOPAL V (GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.17808/2011 2
JUDGMENT
The petitioner availed financial assistance from the 1st
respondent for starting an oil mill. According to the petitioner, for
reasons beyond the control of the petitioner, the business of the
petitioner did not take off and now proceedings have been
initiated against the petitioner for recovery of margin money loan
availed from the 1st respondent together with interest due
thereon. The petitioner has been served with Ext.P2 notice under
the provisions of the Kerala Revenue Recovery Act, 1968. The
petitioner had preferred Ext.P3 application for One Time
Settlement in terms of a Scheme promulgated by the
Government. It is the case of the petitioner that, though Ext.P3
application was submitted as early as on 28.9.2009, without
considering the same, Revenue Recovery proceedings have been
initiated against the petitioner.
2. The learned Standing Counsel appearing for the 1st
respondent would submit that the petitioner had never
approached the 1st respondent for One Time Settlement. It is
submitted that, earlier, there was a Scheme for One Time
Settlement under which the petitioner was entitled to a waiver of
penal interest provided the entire amounts were paid in lump
sum on or before 31.3.2012. It is submitted that even today the 1 st
respondent is willing to waive the penal interest on the petitioner
remitting the balance amount due from the petitioner. It is
submitted that Ext.P3 application can be considered by the 1 st
respondent.
Having heard the learned counsel appearing for the
petitioner and the learned Standing Counsel appearing for the 1 st
respondent, this writ petition will stand disposed of directing the
1st respondent to consider and pass orders on Ext.P3 after
affording an opportunity of hearing to the petitioner. All eligible
benefits under any Scheme for One Time Settlement shall be
extended to the petitioner. Till such time as orders are passed on
Ext.P3, proceedings for recovery of amounts due from the
petitioner shall remain suspended. If, on consideration of Ext.P3,
any benefit is granted to the petitioner and still the petitioner fails
to remit the amounts due, the Recovery proceedings may
continue against the petitioner.
sd/-
GOPINATH P.
JUDGE
acd
APPENDIX
EXT.P1: TRUE COPY OF CERTIFICATE DATED 23.12.2009 ISSUED
BY THE MALABAR INSTITUTE FOR MEDICAL SCIENCES,
KOZHIKODE.
EXT.P2: TRUE COPY OF THE REVENUE RECOVERY NOTICE
DATED 21-06-2011 ISSUED BY THE 3RD RESPONDENT TO
THE PETITIONER.
EXT.P3: TRUE COPY OF THE APPLICATION DATED 28-09-2009
SUBMITTED TO THE PETITIONER BEFORE THE 1ST
RESPONDENT.
